[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR791.3]



[Page 27]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 791_DATA REIMBURSEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  791.3  Definitions.



    Terms defined in the Act, and not explicitly defined herein, are 

used with the meanings given in the Act.

    (a) The Act refers to the Toxic Substances Control Act (TSCA) (15 

U.S.C. 2601 et seq.).

    (b) The Agency or EPA refers to the Environmental Protection Agency.

    (c) Byproduct refers to a chemical substance produced without a 

separate commercial intent during the manufacture, processing, use or 

disposal of another chemical substance or mixture.

    (d) Dispute refers to a present controversy between parties subject 

to a test rule over the amount or method of reimbursement for the cost 

of developing health and environmental data on the test chemical.

    (e) Exemption holder refers to a manufacturer or processor, subject 

to a test rule, that has received an exemption under sections 4(c)(1) or 

4(c)(2) of TSCA from the requirement to conduct a test and submit data.

    (f) Impurity refers to a chemical substance unintentionally present 

with another chemical substance or mixture.

    (g) A party refers to a person subject to a section 4 test rule, 

who:

    (1) Seeks reimbursement from another person under these rules, or

    (2) From whom reimbursement is sought under these rules.

    (h) Reimbursement period refers to a period that begins when the 

data from the last non-duplicative test to be completed under a test 

rule is submitted to EPA and ends after an amount of time equal to that 

which had been required to develop that data or after 5 years, whichever 

is later.

    (i) Small business refers to a manufacturer or importer whose annual 

sales, when combined with those of its parent company (if any) are less 

than $30 million.

    (j) Test rule refers to a regulation ordering the development of 

data on health or environmental effects or chemical fate for a chemical 

substance or mixture pursuant to TSCA section 4(a).